GOVERNMENT ENERGY OR UTILITY CONTROLS In the event of imposition of federal, state or local government controls, rules, regulations, or restrictions on the use or consumption of energy or other utilities during the Term, both Landlord and Tenant shall be bound thereby. In the event of a difference in interpretation by Landlord and Tenant of any such controls, the interpretation of Landlord shall prevail, and Landlord shall have the right to enforce compliance therewith, including the right of entry into the Premises to effect compliance.
Energy Conservation The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
Public Utility Holding Company Neither the Company nor any Subsidiary is, or will be upon issuance and sale of the Securities and the use of the proceeds described herein, subject to regulation under the Public Utility Holding Company Act of 1935, as amended, the Federal Power Act, the Interstate Commerce Act or to any federal or state statute or regulation limiting its ability to issue and perform its obligations under any Transaction Agreement.
Financial Resources The Adviser has the financial resources available to it necessary for the performance of its services and obligations contemplated in the Pricing Disclosure Package, the Prospectus, and under this Agreement, the Investment Management Agreement and the Administration Agreement.
Electric If Customer has selected an Electricity Fixed Rate on the Application, Customer’s Price will be based on the Fixed Rate(s) which includes Local and State taxes, Gross Receipts Tax (GRT), PJM Adjustment (defined below) charges and adjustments and Utility applied charges and/or fees related to generation, plus the Administration Charge, which includes, Electricity Balancing Amount and third party utility and billing charges. Customer understands and agrees that included in the Administration Charge is the cost of the Energy Balancing Amount (defined below). Customer understands that in order for RITERATE ENERGY to be able to supply Energy to its existing and prospective customers, RITERATE ENERGY enters into supply arrangements to meet the forecasted consumption of its various groups of customers. These forecasts are based on historical data, load shapes and/or estimates. To the extent that actual pooled consumption of RITERATE ENERGY’s Energy customers varies from supply arrangements and/or Customer’s Utility delivery requirements, RITERATE ENERGY incurs a cost in balancing and settling its supply arrangements with such pooled consumption. To ensure a fixed all-inclusive Rate, RITERATE ENERGY has included in the Administration charge, the Energy Balancing Amount, to balance and settle the variance between pooled consumption and supply arrangements (the “Energy Balancing Amount”). In respect of Electricity, Customer understands that there are certain estimated pass through costs, made up of charges to RITERATE ENERGY by the PJM Interconnection (“PJM”) and/or Customer’s Utility, including but not limited to ancillary service charges, the cost of unaccounted for electricity, capacity charges and any replacement or recharacterization of these charges. In this regard, the “PJM Adjustment”, is included in the Fixed Price Rate. Customer acknowledges and agrees that by entering into this Agreement, Customer will not be eligible to receive any net metering credits and other incentives to which Customer would otherwise be entitled. Further, included in the Rate are the amounts charged or billed to RITERATE ENERGY or Customer by Customer’s Utility, the PUC or any other regulatory or government entity, including any taxes, delivery, regulated transmission, regulated distribution, pipeline, compressor fuel, uplift, congestion, locational marginal pricing, invoice market participant, service, billing, or similar or related changes and any, deposits, interest or late payment fees or other amounts in connection with the supply and delivery of Energy to the Premises (collectively, “Regulatory Charges”). Customer agrees to pay the monthly Administration charge for Energy supply (the “Administration” charge).
Mineral Reserves and Resources The estimated proven and probable mineral reserves disclosed in the Company SEC Documents as of December 31, 2015 have been prepared and disclosed in all material respects in accordance with all Applicable Laws. There has been no material reduction (other than as a result of operations in the ordinary course of business) in the aggregate amount of estimated mineral reserves and estimated mineral resources of the Company and its Subsidiaries, taken as a whole, from the amounts disclosed in such Company SEC Documents.
Investment Company; Public Utility Holding Company Neither the Company nor any Subsidiary is an "investment company" or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or a "public utility holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Public Utility Holding Company Act Neither the Company nor any of its Subsidiaries is a "holding company", or an "affiliate" of a "holding company" or a "subsidiary company" of a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended.
Western will as requested by the Manager oversee the maintenance of all books and records with respect to the investment transactions of the Fund in accordance with all applicable federal and state laws and regulations, and will furnish the Directors with such periodic and special reports as the Directors or the Manager reasonably may request.
